In a significant development for employers and Haitian nationals under Temporary Protected Status (TPS), the U.S. Citizenship and Immigration Services (USCIS) has updated its guidance to reflect a court-ordered automatic extension of Employment Authorization Documents (EADs) for TPS Haiti beneficiaries. This update confirms that certain EADs are now valid through February 3, 2026.
What Changed?
The change stems from a recent U.S. District Court decision that blocked the Department of Homeland Security (DHS) from curtailing Haiti's TPS designation. As a result, USCIS has revised its guidance to align with the court's order, extending work authorization for affected individuals.
This means that employers should treat EADs with the following listed expiration dates as expiring on February 3, 2026:
EAD cards with older or different expiration dates cannot be used for the extension.
What Employers Should Do Now
- Update I-9 records: Employers should update Section 2 or Section 3/Supplement B of the Form I-9 to reflect the automatic extension of work authorization through February 3, 2026.
- Monitor for further updates: The February 2026 date is subject to change depending on the outcome of ongoing litigation. Employers should stay tuned for additional guidance from USCIS or the courts. Yes, this could change again!
- Communicate with affected employees: Ensure that Haitian TPS beneficiaries are aware of the extension and understand their rights and responsibilities.
Why This Matters
This extension provides critical stability for thousands of Haitian nationals and their employers, particularly in industries such as healthcare, construction, hospitality, and agriculture, where TPS holders are often employed. It also underscores the importance of staying current with immigration developments, which are often fast-moving, litigation-driven, and difficult to track in real time.
As always, Seyfarth's Immigration Compliance Team is here to help employers navigate these changes. If you have questions about TPS, EADs, or I-9 and E-Verify compliance, reach out to the authors or your relationship partner at Seyfarth.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
